SB271 - No more talk of "taking a ride"

This forum will be open on Sept. 1, 2016.

Moderators: carlson1, Keith B, Charles L. Cotton


Topic author
Papa_Tiger
Senior Member
Posts in topic: 4
Posts: 701
Joined: Fri May 24, 2013 9:55 am

SB271 - No more talk of "taking a ride"

#1

Post by Papa_Tiger » Tue Dec 06, 2016 4:33 pm

This one is for you ScottDLS!

If SB271 makes it though, there will be no more talk of taking a ride for a "misdemeanor punishable by a fine only".

:woohoo


TreyHouston
Senior Member
Posts in topic: 2
Posts: 1824
Joined: Fri Feb 19, 2016 5:00 pm
Location: Tomball

Re: SB271 - No more talk of "taking a ride"

#2

Post by TreyHouston » Tue Dec 06, 2016 4:44 pm

Papa_Tiger wrote:This one is for you ScottDLS!

If SB271 makes it though, there will be no more talk of taking a ride for a "misdemeanor punishable by a fine only".

:woohoo
sure you have the right bill there? I think this has to do with Texas Higher Education Coordinating Board, or am I mistaken> :confused5
"Jump in there sport, get it done and we'll all sing your praises." -Chas

How many times a day could you say this? :cheers2:


Topic author
Papa_Tiger
Senior Member
Posts in topic: 4
Posts: 701
Joined: Fri May 24, 2013 9:55 am

Re: SB271 - No more talk of "taking a ride"

#3

Post by Papa_Tiger » Tue Dec 06, 2016 4:50 pm

TreyHouston wrote:
Papa_Tiger wrote:This one is for you ScottDLS!

If SB271 makes it though, there will be no more talk of taking a ride for a "misdemeanor punishable by a fine only".

:woohoo
sure you have the right bill there? I think this has to do with Texas Higher Education Coordinating Board, or am I mistaken> :confused5
You are looking at 84(R). Change the drop down to 85(R) and it will pull up the correct bill.

Or click here.


TreyHouston
Senior Member
Posts in topic: 2
Posts: 1824
Joined: Fri Feb 19, 2016 5:00 pm
Location: Tomball

Re: SB271 - No more talk of "taking a ride"

#4

Post by TreyHouston » Tue Dec 06, 2016 4:55 pm

:tiphat: thanks! still learning this stuff!
"Jump in there sport, get it done and we'll all sing your praises." -Chas

How many times a day could you say this? :cheers2:

User avatar

ScottDLS
Senior Member
Posts in topic: 2
Posts: 4704
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: SB271 - No more talk of "taking a ride"

#5

Post by ScottDLS » Tue Dec 06, 2016 5:01 pm

Papa_Tiger wrote:This one is for you ScottDLS!

If SB271 makes it though, there will be no more talk of taking a ride for a "misdemeanor punishable by a fine only".

:woohoo
Papa_Tiger, this one's awesome!!!!!! I think there was a similar bill vetoed by Gov. Perry a number of years ago... On the off chance that this one makes it through...don't worry we will still hear about "taking the ride". Police will simply charge you with a higher level offense that you didn't commit... :evil2:

Now when is Paul Ryan going to bring up the bill for repealing 18 USC 921q (GFSZA).....? "rlol" :smilelol5:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


TrueFlog
Senior Member
Posts in topic: 1
Posts: 377
Joined: Fri Feb 20, 2009 10:07 pm

Re: SB271 - No more talk of "taking a ride"

#6

Post by TrueFlog » Tue Dec 06, 2016 6:16 pm

I like this bill. I was stopped several months ago because one of my headlights was out. The officer asked me a lot of questions which I politely declined to answer. He repeatedly threatened to arrest me and take me downtown over the headlight but offered to let me go as a courtesy if I waived my right to remain silent. After about 15 minutes of questions, he realized i wasn't going to talk, so he just let me go. This bill would prevent that kind of abuse of power in the future.

(And before anyone asks, I didn't have anything to hide. I just don't think I should have to explain to him where I'm going or why I'm out "so late at night". And also this.)

User avatar

ScottDLS
Senior Member
Posts in topic: 2
Posts: 4704
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: SB271 - No more talk of "taking a ride"

#7

Post by ScottDLS » Tue Dec 06, 2016 6:28 pm

TrueFlog wrote:I like this bill. I was stopped several months ago because one of my headlights was out. The officer asked me a lot of questions which I politely declined to answer. He repeatedly threatened to arrest me and take me downtown over the headlight but offered to let me go as a courtesy if I waived my right to remain silent. After about 15 minutes of questions, he realized i wasn't going to talk, so he just let me go. This bill would prevent that kind of abuse of power in the future.

(And before anyone asks, I didn't have anything to hide. I just don't think I should have to explain to him where I'm going or why I'm out "so late at night". And also this.)
This reminds me of the Spike Lee movie where the two older black men are walking down the street...The white cop comes up and says "Stop....Where are you going?!". One man says, "Where am I goin' ?, Where am I goin' !!!, I'M GOIN' TO MIND MY OWN (gosh darn) bui'ness!!!, THAT'S WHERE I'M GOIN' !"

:smilelol5: :smilelol5: :smilelol5:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


mupepe
Member
Posts in topic: 1
Posts: 173
Joined: Tue Jul 12, 2016 11:12 am

Re: SB271 - No more talk of "taking a ride"

#8

Post by mupepe » Tue Dec 06, 2016 7:17 pm

It looks like I have some more emails to write asking elected officials to support this bill.


locke_n_load
Senior Member
Posts in topic: 2
Posts: 991
Joined: Tue Apr 09, 2013 3:35 pm

Re: SB271 - No more talk of "taking a ride"

#9

Post by locke_n_load » Tue Dec 06, 2016 7:29 pm

Need another line on the bill:

A violation under this section of code by a magistrate/peace officer will be classified as unlawful arrest, a class A misdemeanor, punishable by no less than a $5,000 fine.

Bill has no teeth and isn't worth the space on the net it is currently taking up, as written.
"They that would give up Essential Liberty, for a little temporary Safety, deserve neither Liberty nor Safety"

EDC - Glock 26 Gen IV
CHL Holder since 10/08


The Wall
Senior Member
Posts in topic: 1
Posts: 819
Joined: Thu Mar 26, 2015 10:59 am

Re: SB271 - No more talk of "taking a ride"

#10

Post by The Wall » Tue Dec 06, 2016 7:38 pm

Never mind.


txpilot
Member
Posts in topic: 1
Posts: 68
Joined: Tue Apr 01, 2014 8:19 am

Re: SB271 - No more talk of "taking a ride"

#11

Post by txpilot » Wed Dec 07, 2016 10:08 am

Seems to me it applies only to a misdemeanor under that section of the transportation code and would not have any applicability to weapons violations under the Penal Code.


Topic author
Papa_Tiger
Senior Member
Posts in topic: 4
Posts: 701
Joined: Fri May 24, 2013 9:55 am

Re: SB271 - No more talk of "taking a ride"

#12

Post by Papa_Tiger » Wed Dec 07, 2016 1:25 pm

Nope. IANAL, but based on my reading and understanding, Code of Criminal Procedure Chapter 14 is all about arrest without a warrant, which is what is being modified. The proposed changes make it such that for ANY misdemeanor arrest where the only penalty is a fine (not jail time) EXCEPT under Penal Code 49.02 (Public Intoxication) or Alcoholic Beverage Code 106 (Provisions relating to age: i.e. Minors and alcohol) the officer can only issue the summons to appear and may not take the person to jail.


locke_n_load
Senior Member
Posts in topic: 2
Posts: 991
Joined: Tue Apr 09, 2013 3:35 pm

Re: SB271 - No more talk of "taking a ride"

#13

Post by locke_n_load » Wed Dec 07, 2016 4:11 pm

Papa_Tiger wrote:Nope. IANAL, but based on my reading and understanding, Code of Criminal Procedure Chapter 14 is all about arrest without a warrant, which is what is being modified. The proposed changes make it such that for ANY misdemeanor arrest where the only penalty is a fine (not jail time) EXCEPT under Penal Code 49.02 (Public Intoxication) or Alcoholic Beverage Code 106 (Provisions relating to age: i.e. Minors and alcohol) the officer can only issue the summons to appear and may not take the person to jail.
Except that as written, there is no penalty if an officer decides to take you to jail anyway.
"They that would give up Essential Liberty, for a little temporary Safety, deserve neither Liberty nor Safety"

EDC - Glock 26 Gen IV
CHL Holder since 10/08


Topic author
Papa_Tiger
Senior Member
Posts in topic: 4
Posts: 701
Joined: Fri May 24, 2013 9:55 am

Re: SB271 - No more talk of "taking a ride"

#14

Post by Papa_Tiger » Wed Dec 07, 2016 4:29 pm

locke_n_load wrote:Except that as written, there is no penalty if an officer decides to take you to jail anyway.
I imagine that since the law removes discretion to jail you for misdemeanors that only have a fine as a penalty, any officer who did so would have to find a greater charge to book you on or possibly face false imprisonment charges.

User avatar

Charles L. Cotton
Site Admin
Posts in topic: 1
Posts: 17589
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: SB271 - No more talk of "taking a ride"

#15

Post by Charles L. Cotton » Wed Dec 07, 2016 4:40 pm

locke_n_load wrote:
Papa_Tiger wrote:Nope. IANAL, but based on my reading and understanding, Code of Criminal Procedure Chapter 14 is all about arrest without a warrant, which is what is being modified. The proposed changes make it such that for ANY misdemeanor arrest where the only penalty is a fine (not jail time) EXCEPT under Penal Code 49.02 (Public Intoxication) or Alcoholic Beverage Code 106 (Provisions relating to age: i.e. Minors and alcohol) the officer can only issue the summons to appear and may not take the person to jail.
Except that as written, there is no penalty if an officer decides to take you to jail anyway.
Section 1983 and possibly official oppression under Texas law.

Chas.

Locked

Return to “2017 Texas Legislative Session”